CONDUCT OF VISITOR AND LAWFUL USE
Visitor shall use CIAbounce.com for lawful purposes only. Visitor shall not post or transmit through CIAbounce.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains advertising or any solicitation with respect to products or services, unless CIAbounce has expressly approved such material in advance of its transmission. Any conduct by a Visitor that in CIAbounce’s discretion restricts or inhibits any other Visitor from using or enjoying CIAbounce.com is expressly prohibited. All of the content appearing on CIAbounce.com is solely and exclusively for entertainment purposes and shall not be used for any other purpose whatsoever.
INTELLECTUAL PROPERTY NOTICES
CONTRACTUAL NON-USAGE / MISAPPROPRIATION
CIAbounce.com contains copyrighted material, trademarks and other proprietary information, which may include, without limitation, text, tables, charts, lists, software, photos, video, graphics, music, and sound, portions of which are owned by CIAbounce. The entire contents of CIAbounce.com are copyrighted as a collective work/compilation. CIAbounce owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in all of the content original to it. No Visitor may modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, any of the content, in whole or in part. Visitor may download one (1) single copy of the materials on CIAbounce.com for Visitor’s personal, non-commercial use only. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of CIAbounce. In the event of any permitted copying, redistribution or publication of such materials, no changes, in or deletion of, author attribution, trademark legend, copyright or other proprietary notice shall be made. Visitor acknowledges that Visitor does not acquire any ownership rights by downloading such materials.
No Visitor shall in any way make any commercial use of any of the materials or intellectual property, without limitation, on CIAbounce.com, regardless of whether such is independently protected by U.S. law. That is, each and every Visitor that in any way uses any part of CIAbounce.com agrees to a contractual agreement with CIAbounce that the Visitor shall not use CIAbounce.com for any commercial purpose of any kind, and that all such usage shall be for entertainment purposes only. Any commercial usage of CIAbounce.com shall be in violation of this contractual agreement and any usage of such materials shall constitute misappropriation entitling CIAbounce to equitable relief or legal damages.
Visitor shall not upload, post or otherwise make available on CIAbounce.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, respectively, and the burden of determining that any material is not protected by copyright rests with Visitor. Visitor shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of CIAbounce.com, Visitor automatically grants or warrants that the owner of such material has expressly granted CIAbounce the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology, now known or hereafter developed, for the full term of any copyright that may exist in such material. Visitor also permits any other Visitor to access, view, store or reproduce the material for that Visitor’s personal use. Visitor hereby grants CIAbounce the right to edit, copy, publish and distribute any material made available on CIAbounce.com by Visitor.
TRADEMARKS AND SERVICE MARKS
Team logos that appear on CIAbounce.com are the trademarks and property of the National Basketball Association and its respective member teams. The limited use of these trademarks is intended to provide Visitors a symbolic representation of the team names and their respective players and to convey non-verbal meaning (these pictoral indicators are necessary in the case of some non-English-reading Visitors); use of these marks is therefore for utilitarian, communicative and informational media purposes only: THE USE OF THESE MARKS ON CIAbounce.com IN NO WAY INDICATES, IMPLIES OR SUGGESTS SPONSORSHIP OR ENDORSEMENT BY, OR ASSOCIATION OR AFFILIATION WITH, CIAbounce.com BY THE NATIONAL BASKETBALL ASSOCIATION OR ITS RESPECTIVE MEMBER TEAMS. Besides the foregoing, and unless otherwise indicated, trademarks and service marks that appear on CIAbounce.com are owned by and property of CIAbounce. CIAbounce.com is the service mark and property of CIAbounce. Any other trademarks or service marks that appear on CIAbounce.com are the property of their respective owners.
NO RESPONSIBILITY OR LIABILITY FOR POSTINGS
To the extent that portions of CIAbounce.com (such as “chat rooms,” “message boards,” and “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT CIABOUNCE DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON CIAbounce.com, and Postings do not necessarily reflect the views of CIAbounce. To the fullest extent permitted by applicable laws, CIAbounce shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on CIAbounce.com.
MONITORING OF POSTINGS
Visitor Warrants All Necessary Rights
Visitor hereby represents and warrants that (i) Visitor has all necessary rights in and to all Postings Visitor provides and all material they contain; (ii) Visitor’s Postings shall not infringe any proprietary or other rights of third parties; (iii) Visitor’s Postings shall not contain any viruses or other contaminating or destructive devices or features; (iv) Visitor’s Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and (v) Visitor’s Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.
Visitor Authorizes Others to Use
Visitor hereby authorizes CIAbounce to use, and/or authorizes others to use, all or part of Visitor’s Postings in any manner, format, or medium that CIAbounce or such other parties see fit. Visitor shall have no claim or other recourse against CIAbounce for infringement of any proprietary right in Postings.
DISCLAIMER OF WARRANTIES AND DAMAGES AND LIMITATION OF LIABILITY
USE IS AT VISITOR’S RISK
VISITOR EXPRESSLY AGREES THAT USE OF CIAbounce.com IS AT VISITOR’S OWN RISK. VISITOR SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF VISITOR’S PASSWORD(S), IF ANY. NEITHER CIABOUNCE, NOR ANY OF ITS EMPLOYEES, CONSULTANTS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT CIAbounce.com‘s SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CIAbounce.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CIAbounce.com. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS VISITOR’S RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON CIAbounce.com OR ANY SITES WITH WHICH IT IS LINKED. CIABOUNCE MAY PROVIDE TECHNOLOGY AUTOMATICALLY LINKING AND/OR REFERENCING SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET. BECAUSE CIAbounce.com HAS NO CONTROL OVER SUCH SITES AND INFORMATION, CIABOUNCE MAKES NO GUARANTEE AS TO SUCH SITES AND INFORMATION, INCLUDING THE ACCURACY, CURRENCY, CONTENT OR QUALITY OF ANY SUCH SITES AND INFORMATION, AND CIABOUNCE ASSUMES NO RESPONSIBILITY SHOULD, FOR ANY REASON, THE SEARCH LOCATE UNINTENDED OR OBJECTIONABLE CONTENT. FURTHERMORE, BECAUSE SOME CONTENT ON THE INTERNET CONSISTS OF MATERIAL THAT IS ADULT ORIENTED OR OTHERWISE OBJECTIONABLE TO SOME PEOPLE, THE RESULTS OF VISITOR’S USE OF CIAbounce.com MAY AUTOMATICALLY AND UNINTENTIONALLY GENERATE LINKS OR REFERENCES TO OBJECTIONABLE MATERIAL. CIAbounce.com MAKES NO CLAIM THAT THIS MIGHT NOT OCCUR.
NO WARRANTIES OF CIAbounce.com‘s SERVICE
DISCLAIMER OF LIABILITY
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION-LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD OF ANY TYPE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. VISITOR SPECIFICALLY ACKNOWLEDGES THAT CIABOUNCE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER VISITORS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH VISITOR.
VISITOR’S WAIVER OF DAMAGES
IN NO EVENT WILL CIABOUNCE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CIAbounce.com, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, CIAbounce.com. VISITOR HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON CIAbounce.com.
You may give notice to CIAbounce (such notice shall be deemed given upon receipt) by electronic mail to info@CIAbounce.com.
Visitor agrees to defend, indemnify and hold harmless CIAbounce and its directors, officers, employees, consultants, agents, and assigns from and against all claims and expenses, including attorneys’ fees, arising out of Visitor’s use of CIAbounce.com.
EQUIPMENT FOR VISITOR’S USE
Visitor shall be responsible for obtaining and maintaining all telephones, computer hardware, software and other equipment that is now or may in the future be necessary for access to and use of CIAbounce.com and for any/all charges related thereto.
A portion of CIAbounce.com‘s content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of CIAbounce. Neither CIAbounce nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. CIAbounce neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on CIAbounce.com by anyone other than employee spokespersons of CIAbounce acting in their official capacities.
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.